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07-20-1987 CC MIN e e e MINUTES OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER PUBLIC LIBRARY MONDAY. JULY 20. 1987 Members Present: Mayor Gunkel. Councilmembers Tralle. Holmgren. Dobel and Schuldt Members Absent: None Staff Present: Pat Klaers; City Administrator. and Stephen Rohlf; Building and Zoning Administrator 1. Pursuant to due call and notice thereof. the meeting of the Elk River City Council was called to order by Mayor Gunkel at 7:00 p.m. 2. Consider 7/20/87 City Council Agenda Item 5.17 was changed to 5.10-1/2. The following items were added to the agenda: 6.2 - Police Department; 6.3 - County (Tax forfeit property); 8.1 - City Administrator; 8.2 - Councilmember Holmgren; and 8.3 - Mayor Gunkel. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE 7/20/87 CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5- o. 3.1. Consideration of 6/22/87 City Council Minutes The word "cost" was added after the word less in the first paragraph of page 2. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 6/22/87 CITY COUNCIL MINUTES AS AMENDED. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 3.2. Consideration of 7/6/87 City Council Minutes The following changes were made to the 7/6/87 City Council minutes: Page 3 "These areas will require a separate public hearing to change the taxing district" was added as the last sentence of the first paragraph. Page 5 - Item 6.2 - the word "enclosed" was added before the word Lumber yards in the second sentence. Page 8 Item 8.2. - The following wording was added at the end of the first paragraph: "Mayor Gunkel indicated that the dollar amount presented for the project was approximately $2.645. She informed the Council that when Irving Avenue project was done. MSA money funded the project and the sidewalk in front of St. Andrews was not included." COUNCILMEMBER TRALLE MINUTES AS AMENDED. MOTION PASSED 5-0. MOVED TO APPROVE THE JULY 6. 1987. CITY COUNCIL COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE Page 2 City Council Minutes July 20. 1987 e 4. Open Mike No one appeared for this item. 5.1. Variance Request by Richard Kurth/Public Hearing Mayor Gunkel explained that Mr. Richard Kurth is requesting an expansion of the Broadway Bar which lies within a C-3A zone and is a grand fathered non-conforming use. Steve Rohlf. Building and Zoning Administrator. explained the criteria that has to be met to expand a non-conforming use. Mary Temple. Planning Commission Representative. stated that the Planning Commission recommended approval of the request with several conditions. She indicated the conditions would allow for the site to be cleaned up and would make it more compatible with the neighborhood. Commissioner Temple further stated that the Planning Commission felt that Broadway Bar met the standards for an expansion of a non-conforming use. Mayor Gunkel opened the public hearing. Mr. Stan Chase of Sun and Swim Pool questioned the frontage road which runs through Broadway Bar's Parking Lot. e Nancy Chase questioned the easement in common. She presented the Council with a certificate of survey showing a common easement which went to 167th Avenue North. General discussion was held regarding the traffic flow on the easement in regards to the easement running through the parking lot and whether or not the parking would affect the easement. After discussion concluded. it was the consensus that City staff would review and approve the details of the easement in relation to the parking at Broadway Bar and Pizza. At this time discussion was held on the parking available at Broadway Bar and Pizza. Council requested Staff to determine the exact number of parking spaces needed for the business. Discussion was also held regarding the space owned by Broadway Bar and Pizza which is not being utilized for parking at the present time. Mr. Kurth indicated that he could not afford to blacktop the area at the present time so it could be used for parking. COUNCILMEMBER BROADWAY BAR SITULATIONS: TRALLE MOVED AND PIZZA. A TO APPROVE THE NON-CONFORMING VARIANCE FOR EXPANSION OF USE. WITH THE FOLLOWING 1. THAT PARKING MEET CODE REQUIREMENTS OR BE 62 SPACES. WHICHEVER IS GREATER. e 2. THAT THE PARKING LOT FOR BROADWAY BAR BE SEPARATED FROM 167TH WITH CURB STOP, EXCEPT FOR AN INGRESS AND EGRESS TO THAT PARKING LOT. e tit e Page 3 City Council Minutes July 20. 1987 3. THAT THE LIGHTING FOR THE PARKING LOT BE A MINIMUM OF THREE CANDLE FEET. 4. 'rHA'r THE REST OF THE PARKING FOR BROADWAY BAR. OTHER THAN THE SIDE ON 167TH. BE DEFINED WITH EITHER CURB STOP OR FENCE. S. THAT EXISTING PINE TREES ARE ADEQUATE FOR SCREENING THE PARKING LOT FROM THE ADJACENT RESIDENTIAL DISTRICT. 6. THAT AN EXIT FROM THE BASEMENT BE ADDED ON THE WEST SIDE OF THE BUILDING. 7. THAT THE DUMPSTER BE SCREENED. 8. THAT A FORM PRESCRIBED BY THE CITY ATTORNEY IS RECORDED ON THE PROPERTY PUTTING FUTURE PURCHASERS ON NOTICE OF THE AMORTIZATION PERIOD OF THIS NON-CONFORMING USE. 9. THAT AS PER THE FIRE CHIEF'S RECOMMENDATION. DRIVES ASSOCIATED WITH THE PARKING LOT BE A MINIMUM OF 20 FEET AS SHOWN ON THE SITE PLAN AND BE MAINTAINED OPEN FOR ACCESS IN CASE OF FIRE. 10. THAT THE ENTRANCE AND EXIT TO THE PARKING LOT. IN CONJUNCTION WITH THE EASEMENT RUNNING THROUGH TO SUN AND SWIM. BE DETERMINED BY STAFF IN CONJUNCTION WITH ADJOINING PROPERTY OWNERS. ALSO. THAT THE PARKING LOT BE DEFINED BY SIGNAGE SO THROUGH TRAFFIC ON THE FRONTAGE ROAD IS AWARE OF IT. 11. THAT THE PARKING AND DRIVE AREAS BE HARDSURFACED AND STRIPED AND ALL OTHER AREAS THAT ARE NOT PARKING. DRIVES OR BUILDING BE LANDSCAPED WITH AT LEAST GRASS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.2. Administrative Subdivision by Thomas Wilson/Public Hearing Mayor Gunkel administrative acres. explained that Mr. Thomas Wilson is requesting an subdivision to make four lots out of approximately 6.1 Steve Rohlf. Building and Zoning Administrator. stated that Mr. Wilson is requesting to combine Lots 8. 9. and 10 of Sippi Heights which are existing non-conforming lots of record and also to divide the unplatted triangular piece of property into three lots. Mr. Rohlf stated that all the lots created would be in keeping with the City regulations for lots in an R-1b zone and have adequate building and septic sites. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. Page 4 City Council Minutes July 20. 1987 e COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY THOMAS WILSON TO ALLOW THE COMBINING OF LOTS 8. 9 AND 10 OF SIPPI HEIGHTS AND ALSO TO SPLIT A PARCEL OF LAND. LEGALLY DESCRIBED AS THAT PORTION OF GOVERNMENT LOT 3. SECTION 6. TOWNSHIP 32. RANGE 26. EXCEPT THE WEST 300 FEET. INTO THREE LOTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.3. Variance Request by Richard Gatzke/Public Hearing Mayor Gunkel indicated that Mr. Richard Gatzke is requesting a variance so he can avoid building his house on low ground in lot 1. Block 2. Oak Meadows Addition. She stated that Mr. Gatzke needs a variance for a 6 foot encroachment on the 50 foot front yard setback required in an A-1 zone. The Building and Zoning Administrator indicated that the Planning Commission approved the variance and felt it was in the spirit and intent of the ordinance. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE REQUEST BY MR. RI CHARD ~'l'ZI(l: 'OR PROPERTY LOCATED ON LOT 1. BLOCK 2, OAK MEADOWS ADDITION. TO ALLOW A 6 FOOT ENCROACHMENT ON THE FRONT YARD SETBACK TO BUILD A HOUSE. cOUNCILM!MBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.4. Variance Request by Alan Niemela/Public Hearing Mayor Gunkel indicated that Mr. Alan Niemela is requesting a variance for a 30 foot encroachment from the 50 foot setback required from Lake Orono and a 15 foot encroachment to the front yard setback to accommodate a garage. The Building and Zoning Administrator indicated that the Planning Commission recommended aproval of the variance with the stipulation that Mr. Niemela complete work from a 1983 remodeling permit prior to getting the permit for the garage. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER SCHULDT MOVED TO APPROVE THE VARIANCE REQUESTED BY ALAN NIEMELA OF 1862 MAIN STREET. FOR A 30 FOOT ENCROACHMENT ON THE SETBACK FROM LAKE ORONO AND ALSO FOR A 15 FOOT ENCROACHMENT ON THE FRONT YARD SETBACK TO BUILD A GARAGE ON PROPERTY LOCATED ON LOT 1. BLOCK 4. ORONO ADDITION AFTER HIS 1983 REMODELING PERMIT IS SATISFIED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. e Page 5 City Council Minutes July 20. 1987 e 5.5. Conditional Use Permit Request by Larry Billmark/Public Hearing This item was withdrawn. 5.6. Ordinance Amendment Request by Dawn Clark/Public Hearing Mayor Gunkel indicated that Ms. Dawn Clark is requesting an ordinance amendment to allow retail stores and shops in a C-3b zone as a conditional use. Mayor Gunkel stated that the one area of Elk River which is zoned C-3b is east Highway 10. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE ORDINANCE 87-24. AN ORDINANCE AMENDING SECTION 900.16 - CONDITIONAL USES. SUBSECTION 6B. C-3B HIGHWAY COMMERCIAL DISTRICTS. WHICH WOULD ALLOW RETAIL STORES AND SHOPS AS A CONDITIONAL USE IN C-3B/HIGHWAY COMMERCIAL DISTRICTS. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7. Conditional Use Permit Request by Dawn Clark/Public Hearing e Mayor Gunkel indicated that Ms. Dawn Clark is requesting a conditional use permit to allow a gift shop in the eastern most Town and Country Cedar Log Home located in a C-3B Zone. Commissioner Temple indicated that the Planning Commission recommended approval with certain stipulations. Mayor Gunkel the request. opened the public hearing. No one appeared for or against Mayor Gunkel closed the public hearing. COUNCILMEMBER DOBEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY DAWN CLARK TO ALLOW A GIFT SHOP IN THE EASTERN MOST TOWN AND COUNTRY CEDAR LOG HOME LOCATED ON HIGHWAY 10 WITH THE FOLLOWING STIPULATIONS: 1. THAT A RECIPROCAL AGREEMENT TO SHARE PARKING AND ACCESS FOR THE TWO LOTS BY TOWN AND COUNTRY CEDAR LOG HOMES BE RECORDED ON THE PROPERTY. 2. THAT LOT LINES AND ACCESS TO THE PROPERTY BE VERIFIED BY TOWN AND CONTRY CEDAR LOG HOMES. 3. THAT A MINIMUM OF 7 PARKING STALLS. THREE FOR THE RETAIL STORE AND FOUR FOR THE MODEL HOME ON THE ADJACENT LOT BE INCLUDED AND THAT THIS PARKING LOT BE HARD SURFACED AND STRIPED. 4. A MAXIMUM OF 250 SQUARE FEET OF SIGNAGE. INCLUDING ONE FREE STANDING SIGN BE ALLOWED. e S. THAT ALL APPROPRIATE BUILDING CODES BE MET TO ALTER THIS MODEL HOME INTO A RETAIL STORE. e e e Page 6 City Council Minutes July 20. 1987 6. A TWO YEAR REVIEW OF THIS CONDITIONAL USE PERMIT. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.8. Conditional Use Permit/Central Lutheran Church/Public Hearing Mayor Gunkel noted that Central Lutheran Church is requesting a conditional use permit to allow an addition to the church. Duane Kropuenske. Planning Commission Representative. indicated that the Planning Commission recommended approval of the conditional use permit based on certain stipulations. Jack Holmes was present representing Central Lutheran Church. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY CENTRAL LUTHERAN CHURCH WHICH WOULD ALLOW AN ADDITION TO THE CHURCH. WITH THE FOLLOWING STIPULATIONS: 1. THAT THE SIGNAGE ALLOWED FOR THE CHURCH BE AS PER THE SIGN COI)I. 2. THAT THE MINIMUM NUMBER OF PARKING SPACES BE AS REQUIRED nR 'I'HI cI'I'Y ORDINANCE AND THAT THESE PARKING SPACES BE HARD-SURFACED AND STRIPED. 3. THAT THE CHURCH HAVE THE OPTION IN THE FUTURE OF ADDING THI FELLOWSHIP HALL WITHOUT A FURTHER CONDITIONAL USE PERMIT. THE FUTURE EXPANSION NOTED ON THE SITE PLAN WOULD AFFECT THE NUMBER OF PARKING SPACES REQUIRED WHICH WOULD REQUIRE ANOTHER CONDITIONAL USE PERMIT. 4. THAT HANDICAP ACCESS TO THE BUILDING BE ADDRESSED IN THE BUILDING PERMIT. 5. THAT ALL AREAS WHICH ARE NOT PARKING. DRIVE. OR BUILDING BE LANDSCAPED WITH AT LEAST GRASS. 6. THAT THE TRASH RECEPTACLE ASSOCIATED WITH THE CHURCH BE SCREENED WITH A DESIGN HARMONIOUS TO THE APPEARANCE OF THE BUILDING. 7. THAT THE LIGHTING IN THE CHURCH PARKING LOT BE A MINIMUM OF 1-1/2 FOOT CANDLES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.9. Site Plan Review for Big Wheel Auto in Elk River Plaza Mayor Gunkel indicated that Big Wheel Auto Store is requesting a site plan approval to locate their building on Lot 5. Block 1. Elk River Plaza 2nd Addition. e e e Page 7 City Council Minutes July 20. 1987 Commissioner Temple stated that the Planning Commission recommended approval with certain stipulations: cOUNCILMlMBER DOBEL MOVED TO APPROVE THE SITE PLAN FOR BIG WHEEL AUTO TO BE LOCATED ON LOT 5, BLOCK 1. ELK RIVER PLAZA 2ND ADDITION. WITH THE FOLLOWING STIPULATIONS: 1. THAT SIGNAGE BE REVIEWED BY PLANNING COMMISSION AND APPROVED BY CITY COUNCIL. 2. ALL PARKING, LOADING AND DRIVE AREAS BE HARD SURFACED. 3. THAT LIGHTING MUST BE LIT TO A MINIMUM OF 3 FOOT CANDLES AND THAT IT MUST BE DIRECTED AWAY FROM ADJACENT RESIDENTIAL AND ROAD RIGHTS-OF-WAY. 4. THAT TWO PARKING SPACES ADJACENT TO THE NORTHERN TWO ACCESSES INTO THE BUILDING BE LEFT OPEN FOR A FIRE ACCESS FOR EXITING THE BUILDING AND FIRE FIGHTING. 5. THE DRIVE AROUND THE BUILDING BE A MINIMUM OF 20 FEET IN WIDTH AND MARKED FIRE LANE SO THAT NO PARKING WOULD BE ALLOWED IN IT. THAT ANY OUTSIDE TRASH RECEPTACLE ASSOCIATED WITH THE BUILDING BE SCREENED IN A DESIGN HARMONIOUS WITH THE DESIGN OF THE BUILDING. 7. THAT THE LOADING AREA ASSOCIATED WITH THIS SITE BE DESIGNATED ON THE SITE PLAN AND STRIPED SO THAT IT IS NOT TAKEN UP WITH PARKING. 8. THAT THE LANDSCAPING ON THE SITE BE AS PER THE PROPOSED PLAN. 9. THAT THE OUTSIDE APPEARANCE OF THE BUILDING BE ROCK FACE BLOCK DONE IN EARTH TONES WITH A DARK BROWN BAKED ENAMEL. CORRIGATED METAL MANSARD . cOUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.10. Conditional Use Request by Joseph St. Dennis/Public Hearing COUNCILMEMBER TRALLE MOVED TO TABLE THIS REQUEST UNTIL THE LAST OF THE ZONING ITEMS ARE HEARD DUE TO THE FACT THAT THERE WAS NO ONE PRESENT TO REPRESENT THE REQUEST. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.10-1/2 Ordinance Amendment Requested by True Value/Public Hearing Mayor Gunkel introduced the item by stating that True Value Home Center is requesting an ordinance amendment to allow enclosed lumber storage as a conditional use in a C-4 Zone. She further indicated that this item was tabled at the July 6th meeting by the City Council e e e Page 8 City Council Minutes July 20. 1987 Mayor Gunkel opened the public hearing at this time. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. Councilmember Schuldt stated that his reason for opposing the request was because of his concern with the sale of lumber in C-4 zones. He stated he has received a statement from the City's Legal Counsel indicating that with allowing lumber sales as a conditonal use in C-4 zones. the Council could still have strict control. or even deny. if warranted. future requests for lumber sales in this zone. COUNCILMEMBER SCHULDT MOVED TO APPROVE ORDINANCE 87-25. AN ORDINANCE WHICH WOULD ALLOW LUMBER SALES IN CONJUNCTION WITH PRINCIPAL USES WITH NO OUTSIDE STORAGE ALLOWED IN C-4 ZONES AS A CONDITIONAL USE. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.1l.Zone Change Request by Milo Hennemann/Public Hearing Mayor Gunkel indicated that Milo Hennemann of 251 Elk Hills Drive is requesting a zone change from R-1c to R2-a on property legally described as the E 360 Ft. of the W 660 Ft of the S 375 Ft of the NE 1/4 of the NE 1/4 of Section 34. Township 33. Range 26. Mayor Gunkel opened the public hearing. Mr. Gary He stated units are rezoning is this could homes. Santwire stated that he is representing Mr. and Mrs. Hennemann. that with the current zoning approximately 15 single family allowed. He further stated that one of the major reasons for to save as many of the trees as possible in the area and felt be done by allowing duplexes as opposed to single family Mr. Larry Toth voiced his opposition to the rezoning request. Mr. Jack Holmes also voic~d his opposition to the request. Mayor Gunkel closed the public hearing. Councilmember Tralle stated he was opposed to the rezoning request and stated he felt the property should be developed through a planned unit development so as to better control the type of units on the property. Discussion pursued on this subject regarding whether or not the residents would prefer a PUD to a zone change and also whether there was enough land to allow a PUD. Councilmember Holmgren questioned why Mr. Santwire was proposing to develop more multi family units when the ones already in the area are not selling. e e e Page 9 City Council Minutes July 20. 1987 COUNCILMEMBER TRALLE MOVED DENIAL OF THE REQUEST FROM MILO HENNEMANN TO ZONE CHANGE PROPERTY FROM Rl-C TO R2-A. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 4-1. MAYOR GUNKEL VOTED AGAINST THE MOTION. 5.12.Variance Request by Milo Hennemann/Public Hearing Mayor Gunkel stated that Milo Hennemann is requesting a 300 foot encroachment on the 500 foot maximum length of a dead end road. She indicated that the property is currently land locked but there is an easement into the area. Discussion was held regarding a possible road connection from the proposed property to the abutting property (Replat #8). This road would be used only for emergency purposes and would have a locked gate so it would not be used for thru traffic. Mayor Gunkel opened the public hearing. Mr. Santwire stated he felt the variance request does meet the five standards required by the City Ordinance for a variance. Planning Commission Representative Duane Kropuenske indicated that the Planning Commission voted 3-2 in favor of the variance. Gary Santwire stated he felt the linkage road would make it necessary to eliminate a great deal of trees and stated that the main concern of the area has been to reserve the trees. Jack Holmes stated his opposition to the road connecting to replat #8. Larry Toth also stated his opposition to the road connecting to replat /18. Discussion was held regarding other possibilities such as increasing the width of the road or possibly putting a treed median in the road. Mayor Gunkel closed the public hearing. COUNCILMEMBER TRALLE MOVED TO TABLE THE POSSIBILITY OF TYING INTO AUBURN PLACE COUNCILMEMBER HOLMGREN SECONDED THE MOTION. VARIANCE COULD REQUEST UNTIL THE BE INVESTIGATED. Councilmember Schuldt stated that he would rather see the access come somewhere other than the parking lot or drive to the City Hall. Mayor Gunkel stated area it would be more a stipulation that Replat #8. that with the density of housing in the Barrington adviseable to grant the variance as requested. with the plat be reviewed rather than extend a road to Page 10 City Council Minutes July 20. 1987 e THE MOTION PASSED 3-2. AGAINST THE MOTION. COUNCILMEMBER DOBEL AND MAYOR GUNKEL VOTED Duane Kropuenske stated that it would not be feasible financially to require the owners of Replat #8 to construct a linkage road. Mr. Gary Santwire stated that it was physically impossible to put a road connecting to Replat #8 because of the density of houses in relation to the size of the area. Staff indicated that tying into Replat #8 would make a dead end road almost double in length than the one requested. COUNcILMRMBER TRALLE MOVED THAT THE ISSUE OF VARIANCE REQUEST BY MILO HENNEMANN BE BROUGHT BACK TO THE COUNCIL DUE TO ACTION BEING TAKEN BEFORE ADEQUATE EXCHANGE OF INFORMATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. cOUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE REQUEST BY MILO HENNIMANN TO ALLOW UP TO A 300 FOOT ENCROACHMENT ON THE LENGTH OF A DEAD END STREET WITH THE CONDITION THAT THE PROPERTY BE PLATTED AND THE DEAD END ROAD BE AS SHORT AS POSSIBLE TO ACCOMPLISH THIS PLAT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION PASSED 5-0. 5.13.Preliminary Plat Review/Deerfield 4th Addition/Public Hearing This item was withdrawn by the petitioner. e 5.14.Amendment to Official City Map/Houlton Investment/Public Hearing Mayor Gunkel stated that Mr. K. S. Houlton is requesting an amendment to an official map established by Document #129894 to remove proposed street corridors in and around Lion's Park. Mayor Gunkel opened the public hearing. No one appeared for or against the matter. Mayor Gunkel closed the public hearing. COUNCILMEMBER AMEND ING THE LIONS PARK. CARRIED 5-0. TRALLE MOVED TO APPROVE RESOLUTION 87-37. A RESOLUTION OFFICIAL MAP BY REMOVING CERTAIN STREET CORRIDORS AROUND COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION 5.15.Final Plat for Rail 10 Mayor Gunkel indicated that Mr. Tom Hipsag was present requesting final plat approval for Rail 10. COUNCILMEMBER TRALLE MOVED TO APPROVE THE 7 LOT FINAL PLAT OF RAIL 10 WITH THE FOLLOWING RECOMMENDATIONS: e Page 11 City Council Minutes July 20. 1987 e 1. THAT ADEQUATE EASEMENT IS LEFT ON VANCE STREET TO ACCOMMODATE A CUL- DE-SAC LOCATED AS SHOWN ON THE PRELIMINARY PLAT. AND THAT THE CUL-DE- SAC IS TARRED. ALSO, THAT ROAD RIGHT-OF-WAY FROM THE CUL-DE-SAC SOUTH TO THE PLAT BOUNDARY IS DEDICATED AS PART OF THE PLAT, AND THAT PORTION OF VANCE STREET ONLY BE ROUGH GRADED AND SEEDED AT THIS TIME. 2. NO PARK DEDICATION REQUIRED BECAUSE THE PLAT IS INDUSTRIAL. 3. ONE YEAR COMPLETION DATE FROM JULY 20. 1987. FOR THE IMPROVEMENTS OF THIS PLAT. 4. THAT A LETTER OF CREDIT IN THE AMOUNT OF $30.000 BE SECURED FOR THE IMPROVEMENTS IN THE PLAT. 5. ONCE THE IMPROVEMENTS ARE ACCEPTED BY THE CITY. THE ORIGINAL LETTER OF CREDIT WILL BE RELEASED UPON RECEIPT OF A WARRANTY BOND ON THE IMPROVEMENTS, WHICH WOULD RUN FOR A YEAR. IN THE AMOUNT OF 25% OF THE LETTER OF CREDIT ($7.500). 6. A PRE-CONSTRUCTION MEETING SHALL BE HELD BETWEEN THE CONTRACTORS WHO WILL BE WORKING ON THE ROADS WITHIN THE PLAT AND TERRY MAURER. CITY ENGINEER. PRIOR TO ROAD WORK COMMENCING. e 7 . THAT THE SIZE OF THE WATER RETENTION AREA WITHIN THE PLAT BE APPROVED BY TERRY MAURER. CITY ENGINEER. 8. THAT THE ROAD DESIGN BE AS PER TERRY MAURER'S RECOMMENDATION; A 30 MPH DESIGN SPEED URBAN SECTION. DESIGNED TO A 9 TON STRENGTH. 36 FEET WIDE WITH BITUMINOUS BERM. 9. THAT BUILDING PERMITS MAY BE ISSUED AFTER CLASS 5 IS ACCEPTED BY THE CITY ON THE ROAD S. 10. THAT PERK TESTS BE DONE PRIOR TO THE DESIGN AND CONSTRUCTION OF SEPTIC SYSTEMS WITHIN THE PLAT AND THAT THOSE THAT DO THE DESIGN AND INSTALLATION OF THE SEPTIC SYSTEMS BE CERTIFIED. 11. THAT UTILITIES WITHIN THE PLAT BE CONFINED TO THE EAST STREET RIGHT- OF-WAY OF THE PROPOSED VANCE STREET. 12. THAT VANCE STREET'S ENTRANCE ONTO 173RD BE LIMITED TO THE EDGE OF THE EAST PIPELINE RIGHT-OF-WAY LINE. 13. THAT THE DIRT REMOVED FROM OVER THE PIPELINE EASEMENT BE REPLACED TO RESTORE IT TO THE ORIGINAL OR GREATER GRADE COVER OVER THAT PIPELINE. e 14. THAT ALL DRIVES OR UTILITY CROSSINGS WITHIN THE PIPELINE EASEMENT BE APPROVED BY NORTHERN NATURAL GAS COMPANY. e e -- Page 12 City Council Minutes July 20. 1987 15. THAT NO OUT BUILDINGS. TREES OR ANY OTHER OBJECTS THAT MIGHT BE CONSTRUCTED AS A PERMANENT STRUCTURE BE PERMITTED WITHIN THE PIPELINE EASEMENT. cOUNcILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.16.Landfill/Discussion on Building Permit The City Administrator explained that the City Attorney has responded to the request from the City regarding the issue of denying a building permit to the Landfill for the installation of a new manufactured building to be used as an office building. because the Landfill refuses to comply to the City's Solid Waste Ordinance. The following is the City Attorney's Recommendaton: .., "The Code of Ordinances for the City of Elk River does not authorize the issuance to Elk River Sanitary Landfill. Inc. of a permit for placement of a manufactured office building at the Landfill for two reasons. First. the Landfill is a non-conforming use and as such. the owners are not entitled to expand or enlarge that land use by adding buildings. Secondly. the Ordinance Code does not authorize the issuance of building permits to a land use which is not in conformance with other ordinance requirements of the City. In this case. the Solid Waste Facilities License must first be issued and the property must be rezoned to the Solid Waste Facilities Overlay District before further building permits for new construction may be issued at the Landfill. Both of these constraints must be resolved before permits may be issued." COUNCILMEMBER DOBEL MOVED TO CONCUR WITH THE RECOMMENDATION FROM THE CITY ATTORNEY REGARDING THE BUILDING PERMIT FOR THE ELK RIVER LANDFILL. INC. COUNCILMEMBER TRALLE SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.10.Conditional Use Permit by Joseph St. Dennis/Public Hearing COUNCILMEMBER HOLMGREN MOVED TO TABLE THIS ITEM UNTIL THE AUGUST 3RD CITY COUNCIL MEETING DUE TO THE FACT THAT MR. ST. DENNIS. OR A REPRESENTATIVE. WAS NOT PRESENT. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.1. Elk Hills Drive/Highway 169 Intersection/Resolutions COUNCILMEMBER TRALLE MOVED TO ADOPT RESOLUTION 87-38. A RESOLUTION APPROVING PLANS AND SPECIFICATION SUBMITTED BY MNDOT FOR SIGNALIZATION AT ELK HILLS DRIVE AND HIGHWAY 169. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER TRALLE MOVED TO ENTERING INTO AGREEMENT NO. HILLS DRIVE AND HIGHWAY 169. THE MOTION CARRIED 5-0. ADOPT RESOLUTION 87-39. A RESOLUTION 64063 WITH MNDOT FOR SIGNALIZATION AT ELK COUNCILMEMBER DOBEL SECONDED THE MOTION. e e - Page 13 City Council Minutes July 20. 1987 6.2.Burgler Alarm System COUNCILMEMBER TRALLE MOVED APPROVAL OF THE INSTALLATION OF A BURGLAR ALARM SYSTEM, REQUESTED BY THE CHIEF OF POLICE. TO BE INSTALLED AT THE ELK RIVER POLICE DEPARTMENT IN THE DOLLAR AMOUNT OF $1.327.00. COUNCILMEMBER DOBEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3.Tax Forfeit Land COUNCILMEMBER SCHULDT MOVED TO GRANT APPROVAL FOR THE SALE OF TAX FORFEIT LAND. 11' BY 10' BY 6' IN SIZE AND LEGALLY DESCRIBED AS HOULTON'S ADDITION. THAT PART OF THE NORTH ONE-HALF LYING SOUTH OF U. S. HIGHWAY NO. 10. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7. Check Register cOUNCILMEMBER SCHULDT MOVED TO APPROVE THE CHECK REGISTER. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8.1.City Administrator The City Administrator announced that the Lion's Club will be holding a social activity at Lion's Park. The City and will completed. Administrator announced that he is working on Comparable Worth present it to the Council for consideration when it is The City Administrator explained that the Police Department has hired two full time licensed police officers from other jurisdictions to work for the City on a part time basis. 8.2.Councilmember Holmgren Councilmember Holmgren informed the Council that the transportation for the parade has been taken care of. 8.3.Mayor Gunkel Mayor Gunkel discussed the open meeting law with the Council. Mayor Gunkel indicated that Councilmember Tralle will be a member of the Highway 101 Committee. and stated that the City should have a back-up member. It was determined that either a Councilor Planning Commission member could serve on the committee. e e - City Council Minutes July 20, 1987 9. Adj ournment Page 14 There being no further business. COUNCILMEMBER DOBEL MOVED TO ADJOURN THE MEETING OF THE ELK RIVER CITY COUNCIL. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River City Council adjourned at 10:55 p.m. ~ Sandy Thackeray Recording Secretary